Sears v. Daly
Oregon Supreme Court
From Marion: George EL Burnett, Judge. This is an action by Van B. Sears, as executor, against John J. Daly, Phya Daly, his wife, and EL B. Plummer, to recover on a promissory note alleged to have been made and delivered by them to the plaintiff, who is described in the caption of the complaint “as executor of the estate of Isaac Ball, deceased,” and in the body thereof it is alleged that he “was and now is the duly appointed, qualified, and acting administrator,” etc., of…
Read the full summary
From Marion: George EL Burnett, Judge. This is an action by Van B. Sears, as executor, against John J. Daly, Phya Daly, his wife, and EL B. Plummer, to recover on a promissory note alleged to have been made and delivered by them to the plaintiff, who is described in the caption of the complaint “as executor of the estate of Isaac Ball, deceased,” and in the body thereof it is alleged that he “was and now is the duly appointed, qualified, and acting administrator,” etc., of such estate. The cause of action stated in the complaint, however, is as follows: “ That on the 9th day of September,…
1Opinion of the CourtJustice Bean
1. The failure of the plaintiff to prove his representative capacity, or that the note in suit was the property of the estate of which he was executor, was immaterial. The note is alleged to have been given to him after the death of his testator. Where a cause of action accrues to an executor or administrator after the death of the decedent, he may sue thereon either in his representative or his individual character, and, if the complaint states a cause of action in one or the other, it is sufficient: Burrell v. Kern, 34 Or. 501 (56 Pac. 809). The averment, therefore, as to the plaintiff’s…
2Cases cited9 opinions
- Mills v. Bank of United StatesSupreme Court of the United States · 1826
- Connell v. McLoughlinOregon Supreme Court · 1895
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
- Savage v. SavageOregon Supreme Court · 1899
- Owens v. SnellOregon Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ward v. Queen City Ins.Oregon Supreme Court · 1914
- Shea v. GravesOregon Supreme Court · 1933
- Elkhart Hydraulic Co. v. TurnerIndiana Supreme Court · 1908
- E.L.G. Enterprises Corp. v. Gulf Oil Co.Superior Court of Pennsylvania · 1981
- Gilbert v. BranchflowerOregon Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.